JUDGMENT OF THE COURT
Stanley Gitonga (appellant) and Gerald Mwithia (respondent) are brothers. They have been embroiled in a long standing dispute over a parcel of land described in the original suit as Plot 498 Kianjai Adjudication Section. This is a second appeal, the matter started before the Chief Magistrate’s Court in Meru, by the respondent who was the plaintiff. The respondent's claim was that in March, 1958, he was allocated a piece of land measuring 19.93 acres at Kianjai Location by “the Mwiriga” and Consolidation Committee of Kianjai Location.
The respondent contended that he took possession and occupied the suit premises but the appellant trespassed upon a portion thereto measuring 5 acres and was cultivating maize. Despite demand, the appellant refused to vacate the suit premises. On 23rd January, 1993, the respondent obtained consent from the Land Adjudication Officer under Section 30 of the Land Adjudication Act, to file a suit against the respondent.
The suit was filed b…